Aviation and Spaceports Office

Unmanned Aircraft Systems (UAS)

Overview

An
unmanned aircraft system (UAS) is an unmanned aircraft (UA) with
associated support equipment, control station, data links, telemetry,
communications, and navigation equipment necessary to operate it. A
UA is considered an aircraft under both 49 U.S.C. § 40102 and 14
C.F.R. § 1.1. Currently, both the Federal Government and the State
of Florida have established regulations for UAS operation – using
US codes and federal regulations on the federal level and by statute
on the state level. Currently, the Federal Aviation Administration
(FAA) has focused primarily on safety while State of Florida statutes
focus on the appropriate use of UAS and the protection of privacy.
While the FAA and Florida have major roles in providing guidance and
regulation for UAS operations and management, it is important to note
that other users also play important roles. As such, airports, law
enforcement, pilots, and the UAS operators also have important
responsibilities in the safe and appropriate operation of UAS within
the National Airspace System (NAS).

The
following sections provide an overview of the various regulations and
responsibilities as they relate to each UAS operations entity.

UAS
Brochure

FDOT
Aviation and Spaceports has developed an informational brochure to
assist airports, UAS operators, the public, pilots, and law
enforcements in increasing their knowledge of roles,
responsibilities, and guidance related to UAS operations. Click HERE
to download the UAS
brochure.

FAA’s B4UFLY Smartphone Application

The FAA recently released their B4UFLY smartphone application which is designed to provide UAS operators with guidance and planning resources to improve coordination between UAS operations and airports – both public and private use – throughout the country. The application can be downloaded at http://www.faa.gov/uas/b4ufly/.

Federal Laws

The FAA is responsible for the safe and efficient movement of aircraft in
the air and on the ground. Per the FAA Modernization and Reform Act
of 2012, the FAA is amending its regulations to adopt specific rules
for the operation of UAS into the NAS. The Notice of Proposed
Rulemaking for Title 14 Code of Federal Regulations hopes to allow
for the effective regulation of UAS within the NAS. Regardless of the
type of UAS operation, FAA’s regulations and Federal Codes prohibit
any conduct that endangers individuals and property within the NAS.
Specifically these guidelines:

Require
the FAA to regulate aircraft and UAS operations in the NAS (49
U.S.C. § 40103)

Authorize
government public safety agencies to operate UAS under certain
restrictions (FAA: A.C.001.1-A)

Ban
all unmanned aircraft and remote control aircraft operations within
three miles and up to 3,000 feet in altitude from all major sporting
events as detailed in the Notice to Airmen (NOTAM) 4/3621. It should
be noted that NOTAMs apply to UAS operators. (FAA: NOTAM 4/3621)

The
FAA differentiates between three categories of UAS operations, their
requirements, and restrictions:

Public
(governmental):
Entities that include publically funded universities, law
enforcement, fire departments, etc.

FAA
issues a Certificate of Waiver or Authorization (COA) that permits
organizations to operate a particular aircraft, for a particular
purpose, in a particular area.

Civil
(non-governmental):
Any commercial use of UAS in connection with a business. The two
methods of attaining FAA authorization for civil use are:

A
grant of exemptions in accordance with Section 333 and a COA

Special
Airworthiness Certificate; FAA will assess the risk and determine
authorization approval

Model
Aircraft (hobby or recreational):
Operations are for hobby or recreational use only. Recreational UAS
operation must adhere to:

In
adverse weather conditions such as in high winds or reduced
visibility (Know Before You Fly)

Under
the influence of alcohol or drugs (Know Before You Fly)

State
Regulations

FDOT
regulates airports, promotes their development, and protects the
approaches to Florida’s aviation facilities by Florida Statute
(F.S.). Independent of FDOT, UAS operator rules are provided in
Chapter 934.50, F.S., and regulate law
enforcement, civil, business, and personal uses, as well as the
liabilities associated with them.

Specifically,
Chapter 934.50(3), F.S., prohibits the use of UAS for the following
purposes:

Use
of UAS by law enforcement to gather evidence or other information
(934.50(3)(a), F.S.)

Use
of UAS to conduct surveillance of privately owned real property or
the owner (934.50(3)(b), F.S.)

Additionally, under Chapter
934.50(4), F.S., UAS are allowed for the following uses:

To
counter a terrorist threat (934.50(4)(a), F.S.)

Law
enforcement activity with a warrant (934.50(4)(b), F.S.)

For
law enforcement in particular circumstances when swift action is
needed (934.50(4)(c), F.S.)

A
business or profession may use a drone to conduct reasonable tasks
within the scope of that business’ license (934.50(4)(d), F.S.)

An
airport is responsible for ensuring the safety of airport facilities
and for managing airport lands, buildings, and infrastructure.
Airports should understand the rules and regulations related to UAS
operations at and in the vicinity of their airport and coordinate
with the FAA and FDOT to ensure the safety of airport operations.
Airports should notify local law enforcement and the FAA in the event
of an unauthorized UAS is used in close proximity to the airport.

Local
Law Enforcement’s Responsibility

Local
law enforcement is responsible for enforcing the laws and regulations
as they relate to UAS operation. Enforcement is limited to the legal
boundaries of each law enforcement agency. If a UAS operator is
suspected of breaking FAA regulations, local Law Enforcement Agencies
(LEA) are encouraged to conduct interviews, document the scene,
collect any evidence, and notify the appropriate FAA Regional
Operation Center. In addition to federal regulation, LEAs should be
familiar with state (934.50, F.S.) and local regulations that may
pertain to UAS operation within their jurisdiction.

Pilot’s
Responsibility

Pilots
are in charge of operating aircraft in a safe manner and are
ultimately responsible for the route and operation of aircraft in the
sky and on the ground. Pilots should understand the rules and
regulations of UAS and report any improper use or operation. Please
utilize the FAA’s “I Fly Safe” UAS safety checklist here.

Community
Responsibility

The
community should understand the rules and regulations regarding
airports and aircraft. Knowing the roles and responsibilities of
those involved in aviation (the FAA, the airports, airlines, pilots,
etc.) and how to contact the appropriate entity will help ensure the
safe and effective operations of UAS. Community members should know
the locations of airports in their area and report any suspicious
activity to the appropriate agencies.

The 2015 FDOT Airport Directory lists the owner, manager, and contact information for all public and private use facilities in Florida. The link to download the Directory is here. A map of Florida’s public use aviation facilities can be found here.

FAA’s Small UAS* Registration and FAQs Page: http://www.faa.gov/uas/registration/ *Note: A “Small UAS” is one that weighs greater than 0.55 lbs. but less than 55 lbs., including payload and attachments.